Of The Convention On Human Rights And Human Dignity In Biology And Medicine In The Additional Protocol On Human Cloning Ban

Original Language Title: Par Konvencijas par cilvēktiesību un cieņas aizsardzību bioloģijā un medicīnā Papildprotokolu par cilvēku klonēšanas aizliegumu

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/202996

The Saeima has adopted and the President promulgated the following laws: The Convention on human rights and human dignity in biology and medicine in the additional protocol on human cloning ban in article 1. Convention on human rights and human dignity in biology and medicine in the additional protocol on the prohibition of human cloning (hereinafter Additional Protocol) with this law is adopted and approved.
2. article. The Ministry of Health coordinates the additional protocol obligations.
3. article. This additional Protocol shall enter into force for the period specified in article 5 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
4. article. The law shall enter into force on the day following its promulgation. By law to be put to the additional protocol to the English language and its translation into Latvian language.
The Parliament adopted the law in 2009 December 10.
President Valdis Zatlers in Riga V 2009 December 30. Additional Protocol to the Convention for the Protection of Human rights and Dignity of the Human Being with regard to the Application of Biology and medicine, on the Prohibition of Cloning Human Being (ETS No. 168) the member States of the Council of Europe, the other States and the European Community to this Additional Protocol Signator to the Convention for the Protection of Human rights and Dignity of the Human Being with regards to the Application of Biology and medicine, Noting scientific developments in the field of mammal cloning, particularly through embryo splitting and nuclear transfer of;
Mindful of the progress that some cloning techniques themselves may bring to scientific knowledge and its medical application;
Considering that the cloning of human being may become a technical possibility;
Having noted that the embryo splitting may naturally occure and the car theme result in the birth of genetically identical twins;
Considering however that the instrumentalisation of human being through the deliberate creation of genetically identical human being is contrary to human dignity and that of the constitut a misus of biology and medicine;
Considering also the serious difficult to of a medical, psychological and social nature that such a deliberate biomedical practice might imply for all the individual is involved;
Considering the purpose of the Convention on Human rights and Biomedicin, in particular the principle is mentioned in the article 1 aiming to protect the dignity and identity of all human being, have agreed as follows: article 1 1 Any intervention seeking to create a human being genetically identical to another human being, living or dead, is prohibited whethers.
2 For the purpose of this article, the term human being "genetically identical" to another human being means a human being sharing with another the same nuclear gene set.
Article 2 of the derogation from the provision of this Protocol shall be made under article 26, paragraph 1, of the Convention.
Article 3 As between the parties, the provision of articles 1 and 2 of this Protocol shall be regarded as additional articles to the Convention and all the provision of the Convention shall apply accordingly.
Article 4 this Protocol shall be open for signature by the Signator to the Convention. It is subject to ratification, acceptance or approval. A Signatory may not ratify.â, accept or approve this Protocol unless it has previously or simultaneously ratified, accepted or approved the Convention. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
Article 5 1 this Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States, including at least four member States of the Council of Europe, have expressed their consent to be bound by the Protocol in accordanc with the provision of article 4 2 In respect of any Signatory which subsequently express their consent to it be bound by it , the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.
Article 6 1 After the entry into force of this Protocol, any State which has acceded to the Convention may also accede to this Protocol.
2 Accession shall be effected by the deposit with the Secretary General of the Council of Europe of an instrument of accession which shall take effect on the first day of the month following the expiration of a period of three months after the date of its deposit.
Article 7 1 Any Party may at any time denounc this Protocol by means of a notification addressed to the Secretary General of the Council of Europe.
2 Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
Article 8 the Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the European Community, any Signatory, any Party and any other State which has been invited to accede to the Convention of: a any signature;
(b) the deposit of any instrument of ratification, acceptance, approval or accession;
(c) any date of entry into force of this Protocol in accordanc with articles 5 and 6;
(d) any other Act, notification or communication relating to this Protocol.
In witness whereof the undersigned, being duly authorised, have signed theret this Protocol.
Done at Paris, this twelfth day of January 1998, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe, to the non-member States which have participated in the elaborations of this Protocol, to any State invited to accede to the Convention and to the European Community.
 
Convention on human rights and human dignity in biology and medicine in the additional protocol on human cloning ban in the Member States of the Council of Europe, other countries and the European Community signed the Convention, on human rights and human dignity in biology and medicine in the additional protocol on human cloning ban, noting scientific developments in the field of mammalian cloning, particularly through embryo transfers and transfer of nuclei;
Recognizing the progress made by cloning techniques themselves may make scientific progress and medical use;
Considering that human cloning may become technically possible;
Noting that the embryonic fission can occur naturally, dzimst a genetically identical twins;

However, given that people instrumentalizācij, with the deliberate intention of creating genetically identical individuals are contrary to human dignity and thus lead to incorrect and malicious application of biology and medicine;
Also taking into account that such deliberately carried out a medical practice with regard to the individuals involved to cause serious medical, psychological and social nature of the problem;
Given that the Convention on human rights and medicine, in particular the principle referred to in article 1, to protect each person's dignity and identity, agreed the following: 1. any action, and the aim of people genetically identical to another human being, whether living or dead, is prohibited. In the context of this article, the term "genetically identical" to the other man means that one person is the same kernel gene complex as the other man.
2. The provisions of this Protocol shall not be subject to any restrictions in the context of article 26 of the Convention.
3. the parties consider that this Protocol article 1 and 2 are regarded as additional articles to the Convention and therefore undertakes to apply them.
4. this Protocol was passed for signing the Convention signed by the parties. It is subject to ratification, acceptance or recognition. A party may not ratify, accept or recognize the Protocol, if not previously or simultaneously ratified, accepted or recognized by the Convention. The instruments of ratification, acceptance or recognition of documents stored at the Secretary General of the Council of Europe.
5.1. this Protocol shall enter into force on the first day of the month following the period of three months after the date on which five States, including at least four Member States of the Council of Europe, have expressed their consent to be subject to this Protocol in accordance with the provisions of article 4.
5.2. for each side, which are then willing to submit to this Protocol, it shall enter into force on the first day of the month following the period of three months after the date when will it has deposited its instrument of ratification, acceptance or recognition of the document.
6.1. After entry into force of this Protocol, each State party to the Convention may also accede to this Protocol.
6.2. Accession shall be effected by submitting to the Secretary-General of the Council of Europe accession, deposited and accession shall take effect on the first day of the month following a period of three months after the date on which will be deposited with the instrument of accession.
7.1. Each Party may, at any time, play this Protocol by sending a note addressed to the Secretary-General of the Council of Europe.
7.2. Such denunciation will take effect on the first of the month following the period of three months after the date when the note would be received by the Secretary-General.
8. The Secretary-General of the Council of Europe shall notify the Member States of the Council, the European Community, to any State signatory to the Convention, a party or other country that invited to accede to the Convention of: a any signature;)
(b) any instrument of ratification), acceptance, approval or accession deposited;
(c) any date when) this Protocol shall enter into force in accordance with article 5 or 6;
(d) any other Act), note or communication relating to this Protocol.
Protocol, the undersigned, duly authorized representatives.
Drawn up in Paris on 12 January 1998, in English and French, in a single copy. Both texts are equally authentic, shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will send certified copies to each Member State of the Council of Europe, the countries that have not joined the EP, but have participated in the elaboration of the Convention and to any State invited to accede to this Convention, and the European Community.